Tuesday, September 28, 2010

September 9, 2010

Ms. Mauleen Maly                                             Ms. Michele J. Calderon Johns
RML Specialty Hospital                                     Clarian Health
5601 South County Line Road                            P. O. Box 1367
Hinsdale, Illinois 60521                                      Indianapolis, Indiana 46206

FAX:     630-286-4109                                         Fax:      317-962-4533

Dear Ms. Maly and Ms. Calderon Johns:

            I am dismayed to report that I have learned the following over the last two days of my attempts to facilitate Linda’s transfer from Indiana University Hospital to RML Specialty Hospital in Hinsdale, Illinois.

  1. Indiana University Hospital nursing supervisors are telling hospital employees that there is a court order finding Linda incompetent, appointing Linda’s sister Deborah Cetar as a guardian of Linda’s person, and prohibiting all contact between me and Linda. They say Linda is too sick to decide for herself whether or not it is in her best interests to receive communications from me. At the same time, Ms. DeBord has been telling my lawyer that there is no restriction on my communication with Linda, and that she would arrange for Linda to speak with me on the phone, and Ms. Calderon Johns has been telling my lawyer and the admissions staff at RML that Linda is competent and no guardian need be appointed for her.

  1. Despite my repeated written appeals to Ms. DeBord, Ms. Calderon Johns and Dr. Tector to open some line of communication between me and Linda, based on Ms. DeBord’s representation to my lawyer that she would do so, and despite repeated telephone calls to Ms. Calderon Johns, Ms. DeBord and Dr. Tector which have gone unreturned following up on those written requests, and despite repeated requests that Indiana University Hospital provide me with a copy of any court order respecting Linda’s communication with me, no such court order has been provided to me, nor has any such writ been served upon me either in Indiana or in Illinois. Meanwhile, a respiratory therapist has been suspended as a respiratory therapist at Indiana University Hospital because she handed Linda an E-mail from me to Linda, supposedly because that act violated some court order prohibiting communication between me and Linda.


Either an order of protection barring me from communicating with Linda has been entered, or it has not. If it has, I am entitled to see it. If it has not, then Indiana University Hospital has no basis for continuing to interfere with communication between me and my wife. The Hospital owns the building and has made it clear it considers me a trespasser should I set foot upon its property. However, the Hospital has no right to cut off all communication between me and Linda by phone, mail and E-mail, or letters hand delivered by persons who are permitted to visit Linda.

Indiana University Hospital and RML Specialty Hospital are both well aware that Linda’s health care power of attorney, which as far as I can determine based on the Hospital’s non-production of any court order voiding it, is still in effect, names me and me alone as Linda’s nominee guardian should she need a guardian. Of course, if Linda is competent, as Ms. Calderon Johns has represented to both my lawyer and RML, she does not need either me or Deb to be her guardian. I find it unseemly that Indiana University Hospital continues to make conflicting representations to different people regarding the state of Linda’s competence, guardianship, and my right to continue communicating with Linda. We need to set the facts regarding these matters straight among all of us immediately. I once again, for the third time, respectfully request Ms. Calderon Johns as an officer of the court to immediately produce any court order or orders which exist regarding any determination vel non of Linda’s competence, appointment of any guardian for Linda, or any limitations on my communication with Linda. My fax number is listed on this letterhead. I will deem non-receipt of a faxed copy of any and all such court orders by noon Central Standard Time Thursday, September 9, 2010, (that’s 1:00 p.m. Indianapolis time) as a confirmation that no such orders exist, and I will act accordingly.

I had hoped we could avoid any further adversarial turn of events regarding the care and treatment of my wife, but it appears that someone somewhere within the Indiana University Hospital and Clarian Health organization is either seriously ill informed, or deliberately dissembling regarding Linda’s situation. For that, whichever is the case, there can be no excuse.

I will continue working with everyone to whom this letter is addressed to expedite Linda’s transfer to RML Specialty Hospital, despite the circulation of misinformation that is occurring. Correcting the information situation, however, will go a long way towards resolving whatever differences exist among us respecting a determination of Linda’s best course of treatment going forward.

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